MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 October 2003
	DOCKET NUMBER:   AR2003089548

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Robert J. Osborn		Member	
	Ms. Eloise C. Prendergast		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his Report of Transfer or Discharge (DD Form 214) be corrected to show that he served in the Republic of Vietnam.  He also requests that the Vietnam Service Medal and the Republic of Vietnam Campaign Medal be included on his DD Form 214.

APPLICANT STATES:  In order for him to obtain certain benefits, he needs to present evidence that he served a tour of duty in Vietnam.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army on 18 May 1967 at Fort Brooke, Puerto Rico.  He successfully completed his training as a supply clerk.  On 7 September 1967, he was transferred to Fort George G. Meade, Maryland.  

His awards include the National Defense Service Medal, the Good Conduct Medal and the Marksmanship Badge (Rifle M-14).

On 16 April 1968, orders were published ordering the applicant to report for temporary duty for 180 days in Vietnam no later than 24 April 1968.

On 23 April 1968, orders were published ordering him to report for duty at Travis Air Force Base, California no later than 26 April 1968.

On 3 May 1968, orders were published revoking his orders to report to Travis Air Force Base.

The records show that the applicant was still assigned to Fort George G. Meade, Maryland, when orders were published on 6 August 1968, transferring him from one battalion to another at Fort George G. Meade.

On 16 May 1969, the applicant was released from active duty and he was transferred to the United States Army Reserve Control Group (Annual Training).  The DD Form 214 that he was furnished at the time of his release from active duty shows that he had completed 1 year, 11 months and 29 days of total active service and that he had no foreign and/or sea service.

In an application to this Board dated 24 September 2002, the applicant requested that his DD Form 214 be corrected to show that he served in Vietnam and that he be awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  Upon initial review of his application, the staff of the Board requested that he provide documentation to support his contention that he served in the 

Republic of Vietnam.  He has now submitted a letter dated 29 April 1968, from a major at Fort George G. Meade, Maryland, addressed to his mother which indicates that his combat service could not be deferred and that he was scheduled to be in Vietnam for 6 months.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

Army Regulation 600-8-22 also provides, for award of the Vietnam Campaign Medal (VCM).  It provides, in pertinent part that the Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s DD Form 214 appears to be appropriate as currently reflected.

2.  There is no evidence of record nor has the applicant submitted any evidence to show that he actually served in the Republic of Vietnam.  In fact the evidence of record shows that he was at Fort George G. Meade, Maryland, after orders were published ordering him to report to Vietnam and it appears that he remained at Fort Meade until he was released from active duty on 16 May 1969.

3.  Therefore, he is not entitled to the Republic of Vietnam Campaign Medal or the Vietnam Service Medal.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ecp___  __rvo ___  __rjo____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003089548	
SUFFIX		
RECON		
DATE BOARDED	2003/10/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  119	107.0073	
3.  134	107.0088	
4.  189	110.0000	
5.  1	110.0400	
6.